POLICE INVESTIGATIONS 101
LESSONS FROM SHAKESPEARE’S CYMBELINE
Gilles Renaud | Ontario Court of Justice (Retired)
INTRODUCTION
In this article, I document the various elements of guidance and instruction from Shakespeare’s play Cymbeline that may result in enhanced excellence in investigative work. Briefly stated, the discussion is organized along broad, thematic lines involving demeanour evidence, interviewing skills, human nature and judgment in investigations.
DISCUSSION
Demeanour evidence
- Introduction to quite a subjective and malleable tool for deceit
All human interactions consider demeanour evidence such as frowns and other facial expressions. We judge the sincerity of what others tell us by means of their demeanour, often to our peril, as demeanour is highly subjective and culturally insensitive, leaving aside other failings. What is meant, for example, by frowns and to what extent may we judge correctly what this outward manifestation of inner thoughts, or stomach trouble for all we know, is meant to communicate? In fact, the play Cymbeline begins with this passage: “FIRST GENTLEMAN. You do not meet a man but frowns; our bloods No more obey the heavens than our courtiers Still see, as does the King’s”.
This actor adds shortly later, still in Act 1, sc. i, l. 13: “… Although they wear their faces to the bent Of the King's looks …” In other words, people wishing to curry favour with His Majesty ape his looks, for lack of a better description. Demeanour is thus a tool for those bent on deceiving others.
- Actors take advantage of demeanour to deceive or feign
Refer to the sub-section, “Introduction to quite a subjective and malleable tool for deceit”. In addition, see Cymbeline, Act 3, sc. ii, l. 74.
- “Calm as virtue”
Whether addressing the manner of the witness or suspect being questioned or evaluating the work of the detectives in going about their work, it is highly relevant to assess the degree of calm. As we read in Act 5, sc. v. l. 174, this trait is of general interest: Come to the matter. “IACHIMO. … This Posthumus, Most like a noble lord in love and one That had a royal lover, took his hint; And not dispraising whom we prais'd- therein He was as calm as virtue- he began …”
- Emotions run hot and cold
If emotions run hot and cold, so should outward evidence of demeanour. Thus, consider: “FIRST LORD. Your lordship is the most patient man in loss, the most coldest that ever turn'd up ace.” In effect, some persons do not allow emotions to govern, much less be visible. The next person is described differently: “… You are most hot and furious when you win.”
- Face
Refer to the sub-section, “Introduction to quite a subjective and malleable tool for deceit”.
- Frown
Refer to the sub-section, “Introduction to quite a subjective and malleable tool for deceit”.
- Sighs
Note what Imogen stated: “… What is in thy mind That makes thee stare thus? Wherefore breaks that sigh From th' inward of thee? One but painted thus Would be interpreted a thing perplex'd Beyond self-explication…” See Act 3, sc. iv, l. 3. Later, at Act 4, sc. ii, l. 53, we are informed of the following:
ARVIRAGUS. Nobly he yokes
A smiling with a sigh, as if the sigh
Was that it was for not being such a smile;
The smile mocking the sigh that it would fly
From so divine a temple to commix
With winds that sailors rail at.
- Smile
See above, at sighs.
Human nature
- Confidence my be your weakness
Many expressions follow the lines of “When Gods wish to destroy us, first they make us proud!” Consider what follows: “IACHIMO. … But I make my wager rather against your confidence …” See Act 1, sc. iv, l. 105. See also “Pride cometh before the fall.”
- Distractions from pains and problems
Consider this example: “POSTHUMUS. I am merrier to die than thou art to live. GAOLER. Indeed, sir, he that sleeps feels not the toothache…” See Cymbeline, Act 5, sc. iv, l. 172.
- Learn from errors
Consider this helpful passage: “BELARIUS. I never saw Such noble fury in so poor a thing; Such precious deeds in one that promis'd nought But beggary and poor looks.” In few words, we may all be mistaken and our ego must be checked to learn from such experiences.
- Learn from failures
I have always believed that one gains insight and humility from such experiences, that are greater than mere errors. In this light, read what follows, from Act 4, sc. ii, l. 406: “LUCIUS Some falls are means the happier to arise.”
- Lying to gain advantage
In the movie Ocean’s 11, if you recall, Julia Roberts accuses George Clooney of being “a liar and a thief”, to which he responds, “I only lied about being a thief!” In this same self-satisfying way of never being at fault, or of always offering a facile answer to cover-up all faults, Cymbeline sets out this passage, at Act 4, sc. iii, l. 42: “PISANIO. … Wherein I am false I am honest; not true, to be true.” Investigators find this type of witness to be quite difficult to restrain or to interview profitably.
- Praising persons within their earshot
On occasion, it may be preferable to avoid heaping great praise in the presence of the person being lauded, to avoid distracting them from their work. There is always time for applause as the curtain falls, so to speak. In this context, note what follows: “PHILARIO. … Let him be so entertained amongst you as suits with gentlemen of your knowing to a stranger of his quality. I beseech you all be better known to this gentleman, whom I commend to you as a noble friend of mine. How worthy he is I will leave to appear hereafter, rather than story him in his own hearing.” See Act 1, sc. iv, l. 28.
- Reports that are complete and well written are well received
If the persons receiving a report are of good faith, they will be impressed by excellent reports, even if it challenges their pre-conceived notions. As we read at Act 1, sc. iv, l. 50, “FRENCHMAN. Safely, I think. 'Twas a contention in public, which may, without contradiction, suffer the report…”
- Sense of duty
We all seek to discharge our duties with respect for our community and for those who have entrusted us with such responsibilities. The passage that follows refers to faith, but it could simply be explained as duty discharged by reason of our sense of duty. Thus, “IACHIMO. You are a friend, and therein the wiser … But I see you have some religion in you, that you fear.” We all fear criticism that is legitimate, and seek the satisfaction, as noted, of a task well accomplished. Moreso in the case of those who serve and protect the community. See Cymbeline, Act 1, sc. iv, l. 131.
- Valiant in all causes
This quote suggests that valour is to be reserved to “certain causes”. That is false. “IMOGEN. Thou mayst be valiant in a better cause …” Act 3, sc. iv, l. 70. Your valour serves justice each and every day.
Interviewing skills
- Avoiding incrimination, if guilty of something
At a fundamental level, most persons being interviewed wish to avoid implicating themselves in a crime if they can avoid it – what they fear is expressed in the next quote, from Act 5, sc. v, l. 300: “CYMBELINE. By thine own tongue thou art condemn'd …”
- Directing witness wrongly to be brief
I begin by quoting from Act 1, sc. i, l. 103: “QUEEN. Be brief, I pray you. …” The context explains the need for brevity, but there is rarely justification to push witnesses to speed up their answers or to cut them short. If the police do so, the concern is that the Court will criticize your conduct as having deprived the jury of the best and most complete information. The correct example is found in Act 3, sc. iv, l. 113. “IMOGEN. Talk thy tongue weary- speak.” Note as well: “POSTHUMUS. I hope the briefness of your answer …” Refer to Cymbeline, Act 2, sc. iv, l. 29.
- Leading the witness
Persons being questioned ought not to be invited to agree with your views and ought rather to be asked what happened. It is a matter of weight, and less value is assigned to responses that add up to little more than agreeing with suggestions. Indeed, even a hint as to what the investigator wishes you to confirm is a dangerous step. In this light, note Act 5, sc. v. l. 174, “IACHIMO. … This Posthumus, Most like a noble lord in love and one That had a royal lover, took his hint …”
- Lengthy questioning is to be avoided
Nothing suggests coercion or police not getting anywhere in their questioning and so “turning up the heat”, so to speak, as the length of the interview. In this vein, note: “CYMBELINE. … our long interrogatories.” See Act 5, sc. v. l. 395.
- Requesting further information
What Imogen is told by Cloten in Cymbeline, Act 2, sc. iii, l. 94, is a phrase that you, as investigator, may repeat to a witness who is clearly avoiding the duty to assist the authorities as a good citizen. It is equally apt in the case of suspects. Indeed, Shakespeare wrote: “IMOGEN. If you but said so, 'twere as deep with me. If you swear still, your recompense is still That I regard it not. CLOTEN. This is no answer.” If you neither hold out an inducement, not threaten the person interviewed, and this person’s free will is not overborne by an atmosphere of coercion, your forceful request is likely not “out of bounds”, so to speak. An example of a threat is seen in Act 2, sc. iv, l. 141: “POSTHUMUS. No swearing. If you will swear you have not done't, you lie; And I will kill thee if thou dost deny Thou'st made me cuckold.”
Judgment by investigators
- Accept certain conclusions by others after initial refusal
All professionals must be willing to revise their opinions and views, upon reflection and certainly if new and better information is provided, notwithstanding their pride. In this context, consider: “QUEEN. … is't not meet That I did amplify my judgment in Other conclusions?” See Act 1, sc. v., l. 16. The line, “… Think on my words …” a little below is to the same effect.
- “Best” efforts, always, at trying to understand the case
It is the only means of acquiring a sound judgment of the case. As we read at Act 5, sc. v, l. 117: “CYMBELINE. Ay, with all my heart, And lend my best attention….”
- Conflict of interest
An investigator cannot investigate a matter in which their interests, including financial ones, are in play. Consider Cymbeline, Act 2, sc. iv, l. 141: “POSTHUMUS. No swearing. If you will swear you have not done't, you lie; And I will kill thee if thou dost deny Thou'st made me cuckold.”
- Credulous fool, avoid being considered
“POSTHUMUS. … Ay me, most credulous fool …” [Act 5, sc. v, l. 210] You must think long and hard about what witnesses have said, and how it aligns, it at all, with the more objective, scientific information.
- Cunning thieves and other quite capable criminals …
The public may not know fully how great the challenges are that the police face in their everyday lives with certain comments suggesting the police only arrest criminals described as no better that “low hanging fruit”. The passage that follows makes plain the type of sophisticated offenders that confront the safety of the community. Thus, “IACHIMO. …Your ring may be stol'n too. So your brace of unprizable estimations, the one is but frail and the other casual; a cunning thief, or a that-way-accomplish'd courtier, would hazard the winning both of first and last…” [Cymbeline, Act 1, sc. iv, l. 86.
- “Defects in judgment” – A brief word
Shakespeare has this suggestion about this subject at Act 4, sc. ii, l. 113: “BELARIUS. Being scarce made up, I mean to man, he had not apprehension Or roaring terrors; for defect of judgment Is oft the cease of fear.” In few words, fear teaches you caution, and measured steps, etc. Note as well the passage that follows, from Cymbeline, Act 5, sc. ii, l. 12: “BELARIUS. Stand, stand! We have th' advantage of the ground; The lane is guarded; nothing routs us but The villainy of our fears.”
- Doubts are to be resolved, if possible
So much of modern music and fiction surrounds the theme of amassing proof whether there was a betrayal in a relationship but fearing to do so. Consider how Shakespeare dealt with this issue so long ago: “IMOGEN. You do seem to know Something of me, or what concerns me; pray you- Since doubting things go ill often hurts more Than to be sure they do; for certainties Either are past remedies, or, timely knowing …” See Cymbeline, Act 1, sc. vi, l. 93. For investigators, unlike lovers, there is no fear of where inquiries might lead; there is only the duty to ascertain the truth.
- Emotion shown by those you interview may mar their value
We all have lost our better judgment when emotions take hold of us, and it is not surprising that detectives are counselled to delay or re-think their interview questions to permit better replies and greater wisdom. In this vein, note what the Queen stated at Act 1, sc. i, l. 76, in trying to gain Posthumous’ consent to follow her advice to reconcile himself with the King: “… For you, Posthumus, So soon as I can win th' offended King, I will be known your advocate. Marry, yet. The fire of rage is in him, and 'twere good ou lean'd unto his sentence with what patience Your wisdom may inform you.”
- Errors, might lead to disgrace, even destruction, of wrongly accused
Every judge fear making an error and every police officer, I assume, share the same grave concern that an error in their investigation, perhaps a false report by one paid to render incriminating information, may lead to an unfounded arrest, accusation, and potential conviction. Persons might lose all as a result … Hence, the greatest possible seriousness must be exercised in this regard. Consider: “CLOTEN. … 'Tis gold Which buys admittance; oft it doth-yea, and makes Diana's rangers false themselves, yield up Their deer to th' stand o' th' stealer; and 'tis gold Which makes the true man kill'd and saves the thief; Nay, sometime hangs both thief and true man. ...” See Act 2, sc. iii, l. 70. An example of a false oath is found in Cymbeline, Act 3, sc. iii, l. 66: “BELARIUS. My fault being nothing- as I have told you oft- But that two villains, whose false oaths prevail'd Before my perfect honour …” Refer as well to “IMOGEN. True honest men being heard, like false Aeneas, Were, in his time, thought false …” See Act 3, sc. iv, l. 55.
All that having been stated, the fact remains that honour and the administration of justice require you to admit to your superiors, to the prosecution, to the Court, depending on the stage of your discovery, of a mistake. Thus, “BELARIUS. My boys, There was our error…” Act 5, sc. v., l. 259.
- Evidence, might be insufficient
Investigators well know that at times, they cannot establish with admissible evidence what they well believe to be true. This sad situation is expressed in far less professional terms, that might be more memorable, below: “IACHIMO. … If I bring you no sufficient testimony that I have enjoy'd the dearest bodily part of your mistress, my ten thousand ducats are yours; so is your diamond …” See Act 1, sc. iv. l. 144.
- Family ties that are strained may bring about false reports
At times, persons in difficult family relationships may demonstrate poor judgment in describing the acts of others and investigators must be careful to pick out the chaff, so to speak. “QUEEN. No, be assur'd you shall not find me, daughter, After the slander of most stepmothers, Evil-ey'd unto you…” See Cymbeline, Act 1, sc. i, l. 69.
- “Fear the law”, all should have a healthy respect for law
In respect of this proposition, I suggest one read Cymbeline, Act 4, sc. ii, l. 124:
BELARIUS. We are all undone.
GUIDERIUS. Why, worthy father, what have we to lose
But that he swore to take, our lives? The law
Protects not us; then why should we be tender
To let an arrogant piece of flesh threat us,
Play judge and executioner all himself,
For we do fear the law? …
In effect, if the community does not respect the law, it cannot respect those sworn to serve and protect the members of the community. Thus, each action by police officers that is susceptible of being criticized as an example of “taking the law in your own hands” – a further reason why the police must behave in an exemplary manner.
- Forbearance, you must judge this quality needful if not necessary
Consider this passage: “IMOGEN. But that you shall not say I yield, being silent, I would not speak. I pray you spare me. Faith, I shall unfold equal discourtesy To your best kindness; one of your great knowing Should learn, being taught, forbearance.” Refer to Cymbeline, Act 2, sc. iii, l. 97.
- Fortify your judgment
“IACHIMO. Ay, and the approbation of those that weep this lamentable divorce under her colours are wonderfully to extend him, be it but to fortify her judgment, which else an easy battery might lay flat …” This phrase, found at Act 1, sc. iv, l. 19, serves to make plain that one can achieve better decisions. Reading, discussing your cases with more experienced officers, and especially looking back at both success and failure and analyzing what went right and what did not, are only a few of the “best practices” open to you.
- Gradation in the severity of falsehoods
I leave it to the reader to form an opinion as to the merits of what is said below:
IMOGEN. … Two beggars told meI could not miss my way. Will poor folks lie, That have afflictions on them, knowing 'tis A punishment or trial? Yes; no wonder, When rich ones scarce tell true. To lapse in fulness Is sorer than to lie for need; and falsehood Is worse in kings than beggars. …” [Cymbeline, Act 3, sc. vi, l. 8. [Emphasis added]
- Judge not what might happen to the persons you investigate
It is true that innocent persons often suffer when guilty family members or employers are charged and that the offenders themselves may be very sympathetic. Indeed, if given a voice, you might not wish to pursue matters in some cases. That being said, unless it is legal to discontinue the case and that you are following legitimate lines of decision-making in doing so, you must comply with your oath and let others impose a penalty, if any, as the law requires. In this vein, noteworthy is this quote: “IMOGEN. … Some griefs are med'cinable; that is one of them … 'Justice and your father's wrath, should he take me in his dominion, could not be so cruel to me as you …” If you can make something “med’cinable’, and you correctly do so, then nothing more be said but if the law is cruel, it is not a factor for your decision making but rather whether a prosecution is justified. See Act 3, sc ii, l. 35.
- Law depends upon your work as investigators
Your judgment not only has an impact on an individual case but on the whole of our system of law. In this vein, note what follows: “IACHIMO. … Would testify … Here's a voucher Stronger than ever law could make …” See Act 2, sc. ii, l. 29.
- Little white lies
An example follows of what the detectives will largely ignore, in most cases. “IMOGEN. O dissembling courtesy! …” Act 1, sc. i, line 83.
- Memory, assess how fresh or stale it is as to event in question
This is discussed implicitly in the passage found at Act 2, sc. iv, l. 14: “PHILARIO … He'll grant the tribute, send th' arrearages, Or look upon our Romans, whose remembrance Is yet fresh in their grief.”
- Notes are to be written as soon as possible and fully
Helpful in this context is this illustration: “IACHIMO. To note the chamber. I will write all down: Such and such pictures; there the window; such Th' adornment of her bed; the arras, figures- Why, such and such; and the contents o' th' story…” See Act 2, sc. ii, l. 23.
- “Poor judgment”
To combat poor judgment, one must seek experience not yet achieved by wide reading and consultation with those who are far more experienced. In this light, note what Imogen states in Cymbeline, at Act 4, sc. ii, l. 301: “But 'tis not so; 'Twas but a bolt of nothing, shot at nothing, Which the brain makes of fumes. Our very eyes Are sometimes, like our judgments, blind…” Those who ignore such teachings do so at their peril. Note as well what was set out in an earlier rubric: “I have always believed that one gains insight and humility from such experiences. In this light, read what follows, from Act 4, sc. ii, l. 406: “LUCIUS Some falls are means the happier to arise.”
- Sexual offences – the issue of consent
It is well beyond the scope of this article to attempt to explain what took place in the London. Ontario, investigation in the Hockey Canada situation involving the players, but it is not difficult to set out the first principle of your work in ascertaining the presence or not of consent. Simply put, there is a wide gulf separating the expression of valid consent and its absence. In this context, note what follows: “IACHIMO. … where I was taught … the wide difference 'Twixt amorous and villainous…” See Act 5, sc. v. l. 194.
- “Show your cards” in terms of proving what you claim
There will be rare times when an investigator will be called by a judge in a judicial pre-trial, let us say one devoted to a pending disclosure motion, to present clear information supporting points raised in an affidavit, for example, submitted by the crown to justify whatever disclosure decision was made. It is not unlike what is discussed below: “IMOGEN. Ay, I said so, sir. If you will make 't an action, call witness to 't.” See Cymbeline, Act 2, sc. sc. iii, l. 151. In other words, prove what you claim. Refer as well to Act 2, sc. iv, l. 79: “IACHIMO. More particulars Must justify my knowledge.” And, further, to “LUCIUS. Let proof speak.” Act 3, sc. i, l. 75. Finally, “GUIDERIUS. Out of your proof you speak…” Act 3, sc. iii, l. 28.
- Strange things may well be true
Note what Shakespeare penned at Act 1, sc. i, l. 67 of Cymbeline: “FIRST GENTLEMAN. Howsoe'er 'tis strange, Or that the negligence may well be laugh'd at, Yet is it true, sir.” In this vein, note further the better-known expression of this truth, found in Hamlet, Act 1, sc. v. l. 166: “HAMLET … There are more things in heaven and earth, Horatio, Then are dreamt of in your philosophy …” In few words, careful investigators do not dismiss as impossible or lies factual assertions that have never been experienced or heard of, such as a ball being stuck at the bottom of the outfield fence! Keeping at open mind is quite important in detective work.
- To err is human
Consider this valuable example illustrating that no one is immune from error: “IACHIMO … Be not angry, Most mighty Princess, that I have adventur'd To try your taking of a false report, which hath Honour'd with confirmation your great judgment In the election of a sir so rare, Which you know cannot err…” See Cymbeline, Act 1, sc. vi, l. 171.
- “Winnow the truth from falsehood” – Your task, ultimately
This is what Shakespeare suggested at Act 5, sc. v, l. 134: “CYMBELINE. Winnow the truth from falsehood…” Of note, however, torture might have been involved, if necessary.
CONCLUSION
The First Gentleman states what follows at the start of the play, at Act 1, sc. i, l. 42 of Cymbeline: “… As he was born. The King he takes the babe To his protection, … Breeds him and makes him of his bed-chamber, Puts to him all the learnings that his time Could make him the receiver of …” In other words, the King took him into his home and educated him as fully as possible. These articles seek to provide a little guidance on police work as possessed by a former judge – I am not ambitious to believe I possess even a fraction of all “the learnings” of this time but what I do seek to explain I hope will profit those who are “the receiver”. In the final analysis, as we read in Act 1, sc. i, l. 152, “QUEEN. Beseech your patience … and make yourself some comfort Out of your best advice …”, I hope that this article will assist you in your vital work.